Fidelity Corporation v. Circuit Judge

Plaintiff caused a writ of capias ad respondendum to be issued against Lewis Unrath and Walter H. Eames. The latter, arrested and held to bail, moved to quash the writ for the reason that the affidavit upon which the order to hold to bail was based was insufficient. The motion prevailed and plaintiff reviews on mandamus.

The rule, with which it is contended the affidavit does not comply, is stated in Sheridan v. Briggs, 53 Mich. 569.

“The principle deducible from these cases is that an affidavit which is used as the basis of a writ which will deprive a person of his liberty, must not only set…